In addition to the six criteria for approving training identified in Chapter 7.6.2 of this policy manual, certain other limitations must be considered when approving training.
7.6.3.1 One Training Program Per Certification
Each TAA participant may receive only one training plan per certified petition.1 A single training plan may include multiple components, including multiple types of training (i.e. classroom training followed by on-the-job training) or multiple certifications offered through one or more training providers.2 In conjunction with the TAA participant, the Career Planner may amend a training plan if certain conditions are met.3 Such an amendment is not considered a new training plan.
NOTE: Members of the U.S. Armed Forces reserves who are called upon to serve a period of active duty may be authorized to begin a new training plan upon discharge from active service. In such a case, the participant is entitled to a new 130-week period to complete approved training. To ensure this eligibility the participant must:
- Provide oral or written notice to the TAA Career Planner of the active duty service, unless such notice is precluded by military necessity or is otherwise impossible or unreasonable; and
- Complete Form TRA-16679 to apply for the new training plan within 90 days following the release from active duty service.4
7.6.3.2 Full-Time or Part-Time Training
TAA participants may attend full-time or part-time training, or a combination of both.5 Any change between full-time and part-time student status throughout the course of the training program must result in an amendment to the approved training plan 6 and must be updated with DWD-UI by submitting an amended form TRA-16679 to the TRA Coordinator.
The following restrictions and requirements apply to TAA participants attending part-time training:
- Part-time students are not eligible to receive Trade Readjustment Allowance (TRA) payments.7 The Career Planner must clearly inform the participant of this restriction prior to finalizing the part-time training plan8 and must document this either by retaining written communication in the participant file or by entering a detailed ASSET case note.
- Part-time students may lose eligibility for the Health Coverage Tax Credit (HCTC).9 The Career Planner must also provide this notification and must document the restriction either by retaining written communication in the participant file or by entering a detailed ASSET case note.
- The six criteria for approval of training must be met regardless of full-time or part-time student status.10
- The participant may be employed either part-time or full-time while attending training.11
Regardless of part-time or full-time student status, the maximum allowable length for a training program is 130 weeks.12
7.6.3.3 Previous Approval of Training Under Other Laws
Prior to the certification of a TAA petition for a particular worker group, workers may be approved for training under other State or Federal law,13 for example, WIOA Title I programs. Such training does not automatically qualify as TAA-approved training. However, once the individual is enrolled in the TAA program the TAA Career Planner must review the partner-approved training program to determine whether it satisfies the six training approval criteria.14
If the partner-approved training program meets the six training approval criteria, then it can be approved by the TAA Career Planner by submitting form TRA-16679 to DWD-UI's TRA Coordinator. The submission date of form TRA-16679 is the TAA training approval date, and TAA must begin funding the program at the next logical break in training after that date, such as the start of the next semester. The TAA approval cannot be retroactive, and TAA cannot pay for any costs incurred prior to the date of TAA approval of the training program, nor can the participant receive any Trade Readjustment Allowance (TRA) payment for training weeks completed prior to the TAA approval date.15
If the partner-approved training program does not meet the six training approval criteria, then the training plan may be amended as needed to achieve TAA approval. The partner-approved training program may also be amended to allow for additional training if need is indicated in the participant's Individual Employment Plan (IEP).16
7.6.3.4 Length of Training
When approving a training plan, the TAA Career Planner must take into account the length of the selected training program. The following must be considered:
- Is the training an appropriate length for the TAA participant to achieve the desired skill level? The training program should not be too short to achieve the desired skills, nor should it be excessively long. In comparing multiple training programs, first consideration should be given to the training program that will allow the TAA participant to achieve the desired career goal in the shortest period of time.17 TAA Career Planners may evaluate this criteria, in part, by reviewing the Job Zone information, and specifically the Specific Vocational Preparation (SVP) Range, for the chosen occupation in O*Net.
- Are there any outside factors that may impact the training timeline for the TAA participant in question? For example, is the participant working, and if so, is that work full-time or part-time? Is the participant receiving or in need of any supportive services from a partner agency? Does the training program operate on a standard semester-based schedule, or an alternative (trimester, eight-week, etc.) schedule? Does the selected training institution have ample class availability in the training program of choice? Are there pre-requisites or a specific order of classes in the training program that may impact the completion date?18
For most training programs the maximum length allowable to complete the training is 130 weeks (approximately 2.5 years). This limitation does not apply to On-the-Job Training (OJT) or Apprenticeship programs, nor does it apply to certain members of the U.S. Armed Forces as described in Chapter 7.6.3.1.19
Countable training weeks only include those where the participant is scheduled to attend training.20 Breaks in training scheduled by the training provider, including periods within or between courses, terms, and academic years, do not count as training weeks.21
On-the-Job Training (OJT)
The maximum duration for any OJT program is 104 weeks.22 However, the duration of the OJT may vary based on the needs of the OJT employer and the TAA participant, and must be specified in the contract executed between the TAA Program and the OJT employer. The agreed upon duration of the OJT must be appropriate to the occupational goal of the TAA participant and must be determined based on the current academic and occupational skill level, and work experience of the TAA participant.23 This duration must not exceed the Specific Vocational Preparation (SVP) Range for the chosen occupation as identified in O*Net.24
Apprenticeship
Apprenticeship training, by definition, includes both a work-based learning (OJT) component and a required educational or instructional component (classroom training). For TAA purposes, the maximum duration of the paid work-based learning component of the apprenticeship is 130 weeks. The educational or instructional component of the apprenticeship may exceed 130 weeks and continue through the scheduled completion of the apprenticeship program.25
7.6.3.5 Training Outside the United States
Training programs that take place in whole, or in part, outside the United States are not allowable under TAA. TAA participants physically residing outside the United States while participating in training are not eligible to receive TAA-funded training. Both the TAA participant and the training institution must be located within the United States.26
7.6.3.6 Soft Cap for Training Program Cost
Neither the Trade Adjustment Act, nor its implementing regulations, provide a maximum level of funding authorized for training.27 However, Criterion 6 of the training approval criteria does require that approvable training be available at a reasonable cost.28 For this reason, and consistent with the guidance at 20 CFR 618.650, DWD-DET requires that TAA Career Planners receive additional approval from TAA Central Office prior to approving any training plan with an estimated total cost greater $25,000.00. The total cost of the training plan includes any and all costs that would be paid using TAA funds including, but not limited to, tuition, textbooks, required supplies and materials, transportation reimbursement, and food and lodging costs.
Any request to approve a training plan with an estimated total cost greater than $25,000.00 must be submitted to TAA Central Office staff via the TAACentral@dwd.wisconsin.gov mailbox, and must include the following:
- Cost estimates for two training programs including the program of choice and a comparable program, within a similar commuting distance (if available).
- Completed form TRA-16679 demonstrating that the six training approval criteria are met for the participant and the program of choice.
- If applicable, any additional information or justification from the career planner or TAA participant that should be taken into account in evaluating the reasonableness of the training program.
TAA Central Office will evaluate these requests and render a decision on the allowability of the training plan within three business days from the date of submission.
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